Breeda Moynihan-Cronin (Kerry South, Labour)
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Question 46: To ask the Minister for Defence if he has reconsidered, or proposes to reconsider, the justification for the exclusion of members of the PDFORRA from most of the statutory labour protection code whether on a global or piecemeal basis; and if he will make a statement on the matter. [12353/05]

Willie O'Dea (Limerick East, Fianna Fail)
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Over the years PDFORRA has canvassed the idea that a soldier's conditions of employment should largely replicate conditions in the civilian world. However, in a professional military organisation, this approach is simply not practical and this is widely recognised internationally.

It is an inherent and overriding principle of military service that personnel are at all times subject to military law. The application of legislation intended primarily for the civilian worker would be totally contrary to this principle and could have grave fundamental organisational and operational implications for the efficiency and effectiveness of the Defence Forces.

That said, the Defence Forces have been included within the scope of employee protection legislation where appropriate, for example, health and safety legislation. Moreover, the Ombudsman (Defence Forces) Act 2004 was enacted last year and I am in the process of providing an Ombudsman for the Defence Forces.

The Deputy will be aware that when an individual decides to join the Defence Forces, he or she voluntarily accepts, inter alia, a range of obligations and responsibilities which do not normally arise in the course of civilian employment. For instance, the taking of any form of industrial action is irreconcilable with military service.

I am satisfied that the mechanisms available to the representative associations through the Defence Forces conciliation and arbitration scheme, with its access to facilitation and arbitration and parallel discussions during national pay talks, provide a framework within which issues of concern can, are and should continue to be addressed. It is also worth noting that the Defence Act provides for a complaints procedure whereby if a member considers that he or she has been wronged, he or she may make a complaint in the matter and seek a redress.